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(A) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
(1) Could be used for purposes that are permissible in that zoning district; and
(2) Could satisfy any applicable setback requirements for that district.
(B) Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in division (A) above. The lot width shall be measured at the building setback line (in no case less than the requirements set forth in § 153.142) and shall be calculated by running a straight line connecting the points at which the said setback line intersects with lot boundary lines at opposite sides of the lot.
Zone | Lot Width |
Zone | Lot Width |
A-5 | 200 feet |
C-1 | None |
C-2 | 60 feet |
C-3 | 100 feet first unit; 20 feet each additional unit |
C-4 | 75 feet first unit; 20 feet each additional unit |
I-1 | 100 feet |
I-2 | 100 feet |
R-6, RM-6 | 50 feet first unit; 10 feet each additional unit |
R-8, RM-8 | 60 feet first unit; 10 feet each additional unit |
R-10 | 80 feet first unit |
RM-10 | 80 feet first unit; 10 feet each additional unit |
R-15 | 80 feet |
R-20 | 100 feet |
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) No portion of any principal building may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in the table set forth below. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the property owner shall submit proof of his property line. The term "property line" refers to those lines that form the boundaries of a recorded lot.
Zone* | Front Setback Line (feet) | Side Setback Line (feet) | Rear Setback Line (feet) |
Zone* | Front Setback Line (feet) | Side Setback Line (feet) | Rear Setback Line (feet) |
A-5 | 35 | 20 | 20 |
C-1 | None | None | None |
C-2 | 25 | 10 | 20 |
C-3 | 25 | 10 | 10 |
C-4 | 30 | 20 | 20 |
C-5 | 25 | 15 | 25 |
I-1 | 50 | 25 | 35 |
I-2 | 50 | 25** | 25** |
R-6 | 25 | 8 | 10 |
R-8 | 30 | 8 | 15 |
R-10 | 30 | 8 | 15 |
RM-10 | 30 | 8 | 15 |
R-15 | 30 | 15 | 25 |
R-20 | 30 | 15 | 25 |
NOTES TO TABLE: *Zones located within the town’s established overlay districts are governed by the additional provisions of the ordinances governing those overlay districts. **A 50-foot side yard and rear yard setback shall be required when said I-2 lot abuts a residential zoning district or a public street or watercourse separating the said industrial lot from a residential zoning district. | |||
(B) Setback distances shall be measured from the property line or street right-of-way, perpendicularly thereto, to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself, excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures.
(C) Whenever an existing private road or private driveway that serves more than three lots or more than three dwelling units or that serves any non-residential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:
(1) If the lot is not also bordered by a public street, buildings shall be set back from the right-of-way of the private road just as if such road were a public street; and
(2) If the lot is also bordered by a public street, then the setback line on that side abutting the public street must meet the minimum front yard setback requirements for that residential district.
(Ord. passed 4-9-2013; Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)
(A) A lot of record at the time of the adoption of this chapter may be used as a building site for a structure to be used for a purpose permitted in the district in which the said lot is situated, although its size does not permit its owner to comply with minimum area and yard requirements; provided, however, front, side and rear yards, if required in said district, shall be provided on said lot in no less than the same proportion to those required, as the area of the lot of record compares to the area requirement in the said zoning district. However, in the case of manufactured homes in an RM-6 Residential Zoning District, a minimum lot area of 5,000 square feet shall be necessary in order to place said manufactured home on a lot.
(B) In residential zones where at least 50% of the structures on a block do not meet the minimum required front yard depth, a new structure may be constructed using the average front yard setback depth for that block. In such cases no building hereafter erected, moved or structurally altered shall project beyond the average front yard depth so established; provided this regulation shall not be construed as to require a front yard greater in depth than the minimum front yard specified for the said district in division (A) above. Where double-frontage lots occur, the required front yard shall be provided on both streets.
(C) Cornices, eaves, steps, gutters, buttresses, open or enclosed fire escapes, outside stairways, balconies and similar features, but not porches, may project not more than three feet into any required yard.
(D) Planned unit developments (PUDs) may be constructed without complying with the dimensional regulations as specified in this subchapter; provided, however, planned unit developments do not exceed the density thresholds established for the zoning districts in which they are located and are constructed in accordance with the provisions specified in §§ 153.050 through 153.054, 153.065 and 153.066.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) For purposes of this section:
(1) The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building, not to include chimneys, antennas or other rooftop appurtenances; and
(2) The highest point of a building shall be the top of any parapet wall or the highest point of the roof's surface, whichever is greater. Roofs with slopes greater than 75 degrees are regarded as walls.
(B) Except as provided in division (C) below, no building or structure located in one of the town's residential and commercial zoning districts shall exceed a height of 35 feet, measured from ground level to its cornice line, unless authorized by the issuance of a special use permit. Any building or structure exceeding a height of 35 feet, but not exceeding a height of 50 feet shall require a special use permit for authorization to construct said building or structure. Any building or structure in excess of 50 feet shall require a special use permit for authorization to construct said building or structure. In such cases, the depth of the front and total width of side yards required shall be increased one foot for each two feet, or fraction thereof, of building height in excess of 35 feet.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by § 153.135 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:
Zone | Minimum Square Feet |
Zone | Minimum Square Feet |
A-5 | 10,000 |
R-6, RM-6 | 4,000 |
R-8, RM-8 | 5,000 |
R-10 | 5,000 |
RM-10 | 5,000 |
R-15 | 7,000 |
R-20 | 8,000 |
(B) The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs without increasing the density beyond what would be permissible if the land were subdivided into the size lots required by § 153.135.
(C) The amount of usable open space that must be set aside shall be determined by:
(1) Subtracting from the standard square footage requirement set forth in § 153.135, the amount of square footage of each lot that is smaller than that standard; and
(2) Adding together the results obtained in division (C)(1) above for each lot.
(E) The setback requirements of § 153.142 shall not apply in cluster subdivisions. However, front, side and rear lot setbacks shall be provided on said lot in no less than the same proportion to those required in the said zoning district in which the cluster subdivision is located.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
No accessory building shall be erected in any required front yard or within three feet of any lot line not a street line. An unattached accessory building or use may be located in a side or rear yard; provided it is located a distance of not less than eight feet from the principal building and three feet from the rear yard line; and provided further that not more than 30% of the total lot area is covered by buildings. On reversed corner or double-frontage lots, no accessory building shall extend beyond the front yard line of the lot to its rear.
(Ord. passed 4-9-2013; Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)
OPEN SPACE
(A) Except as provided in division (C) below, all residential subdivisions containing 31 or more single-family or duplex houses, or multi-family developments containing ten or more dwelling units, or planned unit developments shall be developed so that a minimum of 20% of the total area of the development remains as usable open space. For purposes of this chapter, the term DEVELOPMENT refers to the entire development developed out of a single tract or contiguous multiple tracts under common ownership regardless of whether the development is constructed in phases or stages.
(B) For purposes of this section, USABLE OPEN SPACE means an area that:
(1) Is not encumbered with any substantial structure;
(2) Is not devoted to use as a street (including right-of-way), parking area or sidewalk;
(3) Is left in its natural or undisturbed state if wooded (as of the date development began), or is properly planted and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives set forth in division (B)(4) below;
(4) Is protected with a conservation easement to ensure the preservation and maintenance of such open space in perpetuity;
(5) Is capable of being used and enjoyed for purposes of recreation and relaxation; and
(6) Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pursuant to § 153.163.
(7) No more than 40% of the open space may be wetlands.
(C) Residential subdivisions that are not required to provide usable open space may provide said open space if:
(1) The town, a homeowners’ association or similar organization that satisfies the criteria set forth in § 153.164 agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made; and
(2) The town, the homeowners’ association or similar organization that satisfies the criteria set forth in § 153.164 agrees to become the holder of the required conservation easement, in which case it will execute a legally binding agreement governing the preservation and maintenance of the open space and be responsible for upholding the terms of that easement.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)
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